All records are made to be broken–especially when Justice Breyer begins a hypothetical in a closely divided case where counsel are sharing a limited amount of argument time. In U.S. v. Texas, Justice Breyer engaged in a 52-line, three-page uninterrupted monologue about the issues of standing. (I excluded three lines for “laughter” as those were not remarks by Breyer). This is a remarkably long observation, without even the pretense of offering a question at the end. I was in the Court, and it seemed to drag on forever.
I was in the Court for his 49 lines in Zubik v. Burwell. His previous record was in 44 lines in Hosannah-Tabor. In Bond, he spoke for 38 lines uninterrupted. 36 Lines in FERC v. Electric Power Supply Association. He went 32 lines in Medtronic v. Boston Scientific Corp. He had 35 lines in EPA v. EME Homer. In Franchise Tax Bd. of Cal. v. Hyatt, Justice Breyer spoke had 34 lines. Alas, only 27 lines in Zivotofsky.